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REQUEST FOR PROPOSALS

GMU-1437-17 ISSUE DATE: May 18, 2017 TITLE: Ticketing System for the CFA & HPAC PRIMARY PROCUREMENT OFFICER: Katherine Sirotin, Asst. Director, ksirotin@gmu.edu SECONDARY PROCUREMENT OFFICER: James Russell, Director, jrussell@gmu.edu QUESTIONS/INQUIRIES: E-mail all inquiries to both Procurement Officers listed above, no later than 5:00 PM EST on June 07, 2017. All questions must be submitted in writing. Reponses to questions will be posted on the Mason Purchasing Website by 5:00 PM EST on June 14, 2017. See section III. COMMUNICATION, herein.

PROPOSAL DUE DATE AND TIME: June 28th, 2017 @ 2:00 PM EST. Hand deliver or mail proposals directly to the address above. Electronic submissions will not be accepted. A public opening will not be held. Late proposals will not be accepted.

Note: A return envelope is not being provided. It is the responsibility of the Offeror to ensure the proposal is submitted in a sealed envelope, box, container, etc. that clearly identifies the contents as a proposal submission in response to this Request for Proposal. See Section X Paragraph C herein. If delivering proposals by hand, deliver to the Purchasing Department located in Suite 4200 of Alan and Sally Merten Hall (Merten Hall), Fairfax Campus. Campus Map In Compliance With This Request For Proposal And To All The Conditions Imposed Therein And Hereby Incorporated By Reference, The Undersigned Offers And Agrees To Furnish The Goods/Services In Accordance With The Attached Signed Proposal Or As Mutually Agreed Upon By Subsequent Negotiations.

Name and Address of Firm: _____________________________________________ Date: _______________________________ _____________________________________________ By: _________________________________ Signature _____________________________________________ FEI/FIN No. __________________________________ Name: ______________________________ -Fax No. ______________________________________ Title: _______________________________ Email: _______________________________________ Telephone No.________________________ This public body does not discriminate against faith-based organizations in accordance with the Governing Rules, § 36 or against a Bidder/Offeror because of race, religion, color, sex, national origin, age, disability, or any other prohibited by state law relating to discrimination in employment.

Purchasing Department 4400 University Drive, Mailstop 3C5 Fairfax, VA 22030 Voice: 703.993.2580 | Fax: 703.993.2589 http://fiscal.gmu.edu/purchasing/

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RFP# GMU-1437-17

TABLE OF CONTENTS SECTION DESCRIPTION PAGE I. PURPOSE 3 II. PURCHASING MANUAL/GOVERNING RULES 3 III. COMMUNICATION 3 IV. FINAL CONTRACT 3 V. ADDITIONAL USERS 3 VI. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION 3

VII. SWaM CERTIFICATION 4 VIII. PERIOD OF PERFORMANCE 4 IX. BACKGROUND 4 X. STATEMENT OF NEEDS 4

XI. COST OF SERVICE 9 XII. PROPOSAL PREPERATION AND SUBMISSION REQUIREMENTS 9 XIII. INITIAL EVALUATION CRITERIA AND SUBSEQUENT AWARD 12 XIV. CONTRACT ADMINISTRATION 13 XV. PAYMENT TERMS/METHOD OF PAYMENT 13 XVI. SOLICITATION TERMS AND CONDITIONS 14 XVII. RFP SCHEDULE 15 ATTACHMENT A VENDOR DATA SHEET 16 ATTACHMENT B SAMPLE CONTRACT 17 APPENDIX A SUBSCRIPTION REQUIREMENTS 23

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I. PURPOSE: George Mason University (herein referred to as “Mason”) is seeking proposals from qualified sources to establish a term contract for the delivery and management of a Ticketing System that meets the requirements of Mason’s Center for the Arts (CFA), located on our Fairfax Campus, and the Hylton Performing Arts Center (HPAC), located on our Science and Technology Campus in Prince William County. Mason is an educational institution and agency of the Commonwealth of Virginia. It is the desire of the University to have either a single contractor or, if necessary, a prime contractor with a series of subcontractors which will provide a ticketing system meeting the following requirements: software which provides for single, group and season ticket sales; CRM; marketing data and fiscal management and reporting for sales, fundraising and memberships; hardware installation, support and maintenance; in-bound phone sales and/or IVR sales, Internet sales; box office operation consultation and staffing; access control, bar code scanning, mobile ticketing, and print at home functionality.

II. PURCHASING MANUAL/GOVERNING RULES: This solicitation and any resulting contract shall be subject to the provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and their Vendor's, and any revisions thereto, and the Governing Rules, which are hereby incorporated into this contract in their entirety. A copy of both documents is available for review at: https://vascupp.org

III. COMMUNICATION: Communications regarding the Request For Proposals shall be formal from the date of issuance until a contract has been awarded. Unless otherwise instructed offerors are to communicate with only the Procurement Officers listed on the cover page. Offerors are not to communicate with any other employees of Mason.

IV. FINAL CONTRACT: ATTACHMENT B to this solicitation is Mason’s standard two-party contract. It is the intent of this solicitation to base the final contractual documents off of Mason’s standard two-party contract and Mason’s General Terms and Conditions. Any exceptions to our standard contract and General Terms and Conditions should be denoted in your RFP response. Other documents may be incorporated into the final contract, either by way of attachment or by reference, but in all cases this contract document and Mason’s General Terms and Conditions shall jointly take precedence over all other documents and will govern the terms and conditions of the contract.

V. ADDITIONAL USERS: It is the intent of this solicitation and resulting contract to allow for cooperative procurement. Accordingly, any public body, public or private health or educational institutions, or affiliated corporations may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor(s), the resultant contract(s) will be extended to the entities indicated above to purchase goods and services in accordance with contract terms. As a separate contractual relationship, the participating entity will place its own orders directly with the Contractor(s) and shall fully and independently administer its use of the contract(s) to include contractual disputes, invoicing and payments without direct administration from the University. No modification of this contract or execution of a separate agreement is required to participate; however, the participating entity and the Contractor may modify the terms and conditions of the contract to accommodate specific governing laws, regulations, policies, and business goals required by the participating entity. Any such modification will apply solely between the participating entity and the contractor.

The University may require the Contractor provide semi-annual usage reports for all entities accessing the contract. The University shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract. It is understood and agreed that the University is not responsible for the acts or omissions of any entity and will not be considered in default of the contract no matter the circumstances.

Use of this contract(s) does not preclude any participating entity from using other contracts or competitive processes as needed.

VI. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet eprocurement solution by completing the free eVA Vendor Registration. All bidders or offerors agree to self-register in eVA and pay the Vendor Transaction Fees prior to being awarded a contract. Registration instructions and transaction fees may be viewed at: https://eva.virginia.gov/

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VII. SWaM CERTIFICATION: Vendor agrees to fully support the Commonwealth of Virginia and Mason’s efforts related

to SWaM goals. Upon contract execution, eligible vendors (as determined by Mason and the Department of Small Business and Supplier Diversity) shall submit all required documents necessary to achieve SWaM certification to the Department of Small Business and Supplier Diversity within 90 days. Vendors currently SWaM certified agree to maintain their certification for the duration of the contract and shall submit all required renewal documentation at least 30 days prior to existing SWaM expiration.

VIII. PERIOD OF PERFORMANCE: Three (3) years from date of award with two (2) one (1) year renewal options.

IX. BACKGROUND: George Mason University’s Center for the Arts and the Hylton Performing Arts Center were founded to present quality arts programs to the students of George Mason University and to the surrounding external communities. Performances in music, dance, and theater, and exhibitions in visual arts are complemented by related educational programs geared to stimulate significant development in the intellectual perspective, social value and creative curiosity of the University’s students, faculty, staff and community audiences. In addition, the Center for the Arts and Hylton Performing Arts Center venues are homes for several rental clients and resident arts partners. The Center for the Arts currently oversees five venues on the Fairfax campus, and sometimes handles College of Visual and Performing Arts events off campus. The Concert Hall, a 1947 seat venue with continental seating (no center aisles) that offers both reserved and general admission seating and currently has 16 different seating configurations (price scaling). Harris Theatre, a 469 seat venue that offers reserved and general admission (GA) seating, and currently has 5 different seating configurations (price scaling). TheaterSpace, a black box venue that can hold up 200 seats, depending on the configuration (the configuration is changed each school year: thrust, proscenium, in the round, etc.), both reserved and GA seating. The Dance Studio, which seats up to 100 with GA seating. The Johnson Center Cinema, a 294 seat venue with reserved and GA seating. The Hylton Performing Arts Center currently oversees two venues, but a third will be added once construction on the new wing is complete. Merchant Hall, an 1123 seat horseshoe shaped venue with both reserved and GA seating, and currently has 9 different seating configurations (price scaling). The Gregory Family Theater, a black box venue that can hold up to 300 seats, depending on the configuration, both reserved and GA seating. The third as yet to be named space will hold up to 300 seats, depending on the configuration, reserved and GA seating will be offered.

Currently, the Center for the Arts and the Hylton Performing Arts Center utilize Tickets.com for approximately 360

events annually and together process a volume of approximately 170,000 tickets per year: for 2013-2014,there were 94,872 tickets sold and 74,318 comp tickets; for 2014-2015 there were 103,640 tickets sold and 64,307 comp tickets; for 2015-2016 there were 98,368 tickets sold and 73,976 comp tickets. . The vendor sold (via phone and web) approximately 37,000 tickets in the 2013/2014 season, 42,000 in 2014/2015 season, and 46,000 tickets in the 2015-2016 season.

X. STATEMENT OF NEEDS: Contractor shall furnish all necessary labor, software, equipment, resources and materials to fulfill all the requirements stated in this RFP.

A. GENERAL REQUIREMENTS: All services must interface with Mason’s internal network but an

independent backup system of access must be available in case Mason’s internal network is inoperable. The minimum requirements shall include, but are not limited to, the following:

1. Provide ticketing software that meets industry standards including the ability to process tickets for

subscription and single ticket sales for events in multiple locations and venues. Software must include functions for CRM, marketing, group sales, fundraising, membership, Access Control, fiscal reporting, data management and analysis. System should also be able to separate the sales between the Center for the Arts and the Hylton Performing Arts Center, for example as different sales channels for accounting purposes. Describe how the software performs these functions, and explain and comment upon the following:

Any limitations on the number of users who can access the system at the same time, and the

ability to set permissions by user type. The ability of the system to be accessed remotely (must be described in detail). A description of event creation, including seat maps, and event manager processes, and

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what, if any, support is provided by the vendor. Describe any limitations on configurations or seat maps.

Description of the response time by vendor for support or additional services. Description of all available delivery methods for all sales channels (CFA, HPAC, Phone,

Internet, etc.). The ability to set package and event level access for all sales channels. A description of Access Control capabilities, including the ability to scan tickets remotely

(away from wifi receivers) and have the ticket counts uploaded once scanners are back in range of receivers. The ability to scan on mobile devices.

The ability to create non-inventoried, membership, and registration events. Any ability for ticketing system to connect/communicate with Ellucian Advance™. Any ability to interface with Banner to deposit the ticket sales directly into an assigned

GMU account number 2. Provide hardware maintenance (and/or replacements) and software upgrades. Describe the frequency

of upgrades and provide specific examples of vendor’s response to client requested changes or improvements to the software.

3. Provide thorough start up and ongoing training. Describe details of the initial training program

including expected total training time for different levels of users.

4. If in-bound phone/IVR sales are provided by vendor, please provide information regarding :

a. The number of operators, how the phone is answered (immediately or delayed), the average wait time the average time with the customer, the percent of calls that go directly to an agent with no wait time, and the average number of abandoned calls in a given period of time. Provide information for all of the above for both high volume sales periods as well as routine daily operations.

b. Whether phone sales customers can select specific seats or are sold tickets on a “best available” basis.

c. Whether or not the phone agents work on commission. d. Which forms of payment are accepted.

e. The procedures for communicating changes in event details to phone agents.

f. The information provided to customers by the phone agents at the time of a purchase. g. The opportunities for phone agents to gather marketing data from customers. h. Any options for client to opt out of using vendor’s phone sale services.

5. Provide Internet sales operations including branding of sales to the venue, rather than to the vendor.

Describe in detail each of the following: a. Interface between vendor and client’s sites for event information and sales flow.

b. Internet interaction between internet site and customer. c. The level of transparency to the customer.

d. The number of “clicks” from the venue’s event page to the purchase confirmation screen.

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e. The ability to manage a shopping cart with tickets from multiple events, donations, and merchandise.

f. The availability to provide detailed event information and venue information, and indicate

the opportunity for the purchaser to access a view of the stage from the selected seating location.

g. Ability to provide secure discounts through use of coupon codes. h. State whether a customer can select specific seats or are sold “best available”. i. Any ability for customers to print their own tickets.

j. Any ability to provide subscription sales on line, as outlined in subscription requirements below and in Appendix A.

k. Ability to upload events to the web site both individually and in bulk. l. Any ability for mobile ticketing. m. Any digital marketing capabilities or integration.

n. Any ability for Mason students to obtain free tickets online without any service fees, and using Shibboleth or CAS authentication as a means of verifying students’ eligibility.

o. All e-learning and information technology developed, purchased, upgraded or renewed by

or for the use of George Mason University shall comply with all applicable University policies, Federal and State laws and regulations including but not limited to Section 508 of the Rehabilitation Act (29 U.S.C. 794d), the Information Technology Access Act, §§2.2-3500 through 2.2-3504 of the Code of Virginia, as amended, and all other regulations promulgated under Title II of The Americans with Disabilities Act which are applicable to all benefits, services, programs, and activities provided by or on behalf of the University. The Contractor shall also comply with the Web Content Accessibility Guidelines (WCAG) 2.0. For more information please visit http://ati.gmu.edu, under Policies and Procedures.

6. Provide an overview of the reporting functions of the software with listings of standard reports as

well as possibilities to create custom reports.

a. Describe sales reports.

b. Describe procedures for exporting data (e.g. mailing lists).

c. Describe in detail how the software handles daily, weekly, monthly and individual seller reconciliation reports, event settlement procedures and troubleshooting capabilities; including the ability to separate sales for each venue for accounting purposes

d. Describe creation of reports with variable exclusion and inclusion functions. e. Describe creation of reports of accumulated marketing information. f. Describe any ability to schedule reports and email them 7. Provide Single Ticket sales.

a. Ability to select seats by buyer type and have multiple buyer types in the same order

b. Ability to exchange tickets easily.

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c. Ability to donate tickets

d. Ability to sell tickets using dummy/internal payment types and account credits.

e. Ability to have quick or anonymous sales, and the ability to turn off that function when not needed.

f. Ability to assign events to seasons or event groups.

g. Ability to print and reprint receipts.

h. Ability to print, reprint , and un-print tickets.

i. Ability to print the house or batch print

8. Provide Subscription sales.

a. Describe capabilities of the system to handle fixed and “select your own” series. For a description of client’s subscriptions, see Appendix A.

b. Describe policy of the vendor on exchanges for subscribers.

c. Describe policy of allowing subscribers to purchase additional tickets from venue ticket office.

d. Describe capabilities of system to allow subscribers to manage their subscriptions online. e. Ability to set package access through all sales channels.

9. Describe any available interfaces with social media. Describe any integrated email capabilities.

10. Provide all necessary system hardware and maintenance, as well as data integrity. Equipment should

include workstations, ticket printers, credit card scanners, report printers, bar code scanners, Access Control equipment, and all necessary hardware to interface system with the University’s LAN. INFORMATION TECHNOLOGY ACCESS ACT: Computer and network security is of paramount concern at George Mason University. The university wants to ensure that computer/network hardware and software does not compromise the security of IT environment. You agree to use commercially reasonable measures in connection with any offering your company makes to avoid any known threat to the security of the IT environment at George Mason University. If there is a cost associated with acquiring this equipment, vendor will provide pricing and/or specifications so that client may purchase through the university. List any policies for equipment replacement. The following equipment is required:

a. Center for the Arts:

11 Point of sale (POS) stations. POS stations should consist of CPU, monitor, keyboard, mouse, credit card swipe/EMV chip reader, all adapters, cables, and connections. 1 POS station should have mobile capabilities.

1 system report printer connected to all stations in all locations 8 ticket printers 1 gate access server and 2 wifi receivers/directional antennae 12 ticket scanners and chargers with 3 back up batteries 10 over-ride cards, if applicable

b. Hylton Center:

8 Point of sale (POS) stations POS stations should consist of CPU, monitor, keyboard, mouse, credit card swipe/EMV chip reader, all adapters, cables, and connections. 1 POS station should have mobile capabilities.

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1 system report printer connected to all stations in all locations 6 ticket printers 1 gate access server and 2 wifi receivers/directional antennae 7 ticket scanners with 2 back up batteries 10 over-ride cards, if applicable

c. Harris Theatre:

2 POS stations with individual ticket printers

d. Theaterspace: 2 POS stations with individual ticket printers

e Remote Access: Describe whether or not system can be accessed remotely, and indicate

manner of connectivity. 11 Provide hardware and software support services. a. Describe standard hours of operations for support. b. Describe procedures for emergency support with contact lists.

c. Describe average response time for routine as well as emergency support services. 12. Provide box office consultation and training, as may be required. Describe amount of notification required.

13. Describe which credit cards are accepted and detail credit card processing procedures and settlements with client. Describe how charge backs are handled including timeline for the venues to be notified, and to respond. Describe if and how fees are assessed.

14. Vendor must participate in the TouchNet Ready Partner Program or, if not currently a partner, must

be willing to establish an integration partnership with TouchNet allowing payments to flow through TouchNet’s UCommerce payment platform used by the University.

15. Vendor must be PCI compliant and meet industry standards as well as those set forth by the

university: PCI DSS COMPLIANCE: In cases where the contractor will store, process or transmit credit card data for the University, contractor represents and warrants that for the life of the contract and while contractor has possession of University customer cardholder data, the software and services used for processing transactions shall be compliant with standards established by the Payment Card Industry (PCI) Security Standards Council (www.pcisecuritystandards.org). In the case of a third-party application, the application will be listed as PA-DSS compliant at the time of implementation by the University. Contractor acknowledges and agrees that it is responsible for the security of all University customer cardholder data in its possession. Contractor agrees to indemnify and hold University, its officers, employees, and agents, harmless for, from, and against any and all claims, causes of action, suits, judgments, assessments, costs (including reasonable attorneys' fees), and expenses arising out of or relating to any loss of University customer credit card or identity information managed, retained, or maintained by contractor, including but not limited to fraudulent or unapproved use of such credit card or identity information. Contractor shall, upon written request, furnish proof of compliance with the Payment Card Industry Data Security Standard (PCI DSS) within 10 business days of the request. Contractor agrees that, notwithstanding anything to the contrary in the Agreement or the Addendum, the University may terminate the Agreement immediately without penalty upon notice to the contractor in the event contractor fails to maintain compliance with the PCI DSS or fails to maintain the confidentiality or integrity of any cardholder data.

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16. Describe timeline for the conversion of approximately 100,000 customer accounts from existing ticketing system and an Access database. Conversion must include address, phone numbers, email, notes, traits/flags and 5 years of event history. Describe the ability to convert/import event and sales data in addition to patron data.

17. Describe patron account and sales history order.

18. Describe procedures for the identification and merging of duplicate accounts. (Post conversion) 19. SSAE16 COMPLIANCE: To facilitate compliance with SSAE16, vendor must provide George

Mason University with its most recent SOC report and that of all subservice provider(s) relevant to this contract. It is further agreed that the SOC report, which will be free of cost to George Mason University, will be provided annually, within 30 days of its issuance by the auditor, and no later than February 1. The SOC report should be directed to Mrs. Peaches Nicholls at pnicholl@gmu.edu or other representative identified by the University. Vendor also commits to providing George Mason University with a designated point of contact for the SOC report, addressing issues raised in the SOC report with relevant subservice provider(s), and responding to any follow up questions posed by George Mason University in relation to the SOC report.

20. ACCESSIBILITY: The Contractor’s solution should be Accessible (Section 508 Standards) and demonstrate a commitment to improving Accessibility. Contractor shall complete the attached Voluntary Product Accessibility Template (VPAT) – Attachment B. See attached Section 508 Simplified Standards – Attachment C for assistance.

21. It is very likely, that whatever system/solution that the vendor proposes will need to be reviewed by

our Architectural Standards Review Board (ASRB). This Board reviews all new software that the University procures for accessibility, security, and usage. Before a contract is awarded the vendor’s solution/system must be submitted to the ASRB for review and approval. This process can take anywhere from four (4) to six (6) weeks or longer depending on the Board’s work load. It is imperative that the offeror submit any information requested by the ASRB in a timely fashion.

XI. COST OF SERVICES: Provide a price schedule that includes all costs associated with the goods and services proposed.

All pricing shall include overhead and eVA fees.

XII. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS:

A. GENERAL REQUIREMENTS:

1. RFP Response. In order to be considered, Offerors must submit a complete response to Mason's Purchasing Office prior to the due date and time stated in this RFP. Offerors are required to submit one (1) signed original hardcopy (paper) of the entire proposal including all attachments and proprietary information and seven (7) extra hardcopies (paper) including all attachments and proprietary information; a total of eight (8) hard copies are required (one (1) original hard copy for the contracting officer and seven (7) hard copies for the evaluation committee. In addition, the Offeror shall submit one (1) complete signed copy of the original proposal including all attachments and proprietary information, on CD. If proposal contains proprietary information, then submit two (2) CD’s; one (1) with proprietary information included and one (1) with proprietary information removed (see also Item 2e below for further details). The Offeror shall make no other distribution of the proposals.

a. At the conclusion of the RFP process proposals with proprietary information removed

(redacted versions) shall be provided to requestors in accordance with Virginia’s Freedom of Information Act. Offerors will not be notified of the release of this information.

2. Proposal Presentation:

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a. Proposals shall be signed by an authorized representative of the Offeror. All information requested must be submitted. Failure to submit all information requested may result in your proposal being scored low.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirement of the RFP. Emphasis should be on completeness and clarity of content.

c. Each hardcopy of the proposal should be bound in a single volume where practical. The original hard copy proposal must be clearly marked on the outside of the proposal. All documentation submitted with the proposal should be bound in that single volume.

d. Proposals should be organized in the order in which the requirements are presented in the

RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter and repeat the text of the requirement as it appears in the RFP. The proposal should contain a table of contents which cross references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirement of the RFP should be inserted at the appropriate place or be attached at the end of the proposal and designated as additional material.

1. A WORD version of this RFP will be provided upon request.

e. Except as provided, once an award is announced, all proposals submitted in response to this

RFP will be open to inspection by any citizen, or interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a firm prior to or as part of its proposal will not be subject to public disclosure under the Virginia Freedom of Information Act only under the following circumstances: (1) the appropriate information is clearly identified by some distinct method such as highlighting or underlining; (2) only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information are identified; and (3) a summary page is supplied immediately following the proposal title page that includes (a) the information to be protected, (b) the section(s)/page number(s) where this information is found in the proposal, and (c) a statement why protection is necessary for each section listed. The firm must also provide a separate electronic copy of the proposal (CD, etc.) with the trade secrets and/or proprietary information redacted. If all of these requirements are not met, then the firm’s entire proposal will be available for public inspection. IMPORTANT: A firm may not request that its entire proposal be treated as a trade secret or proprietary information, nor may a firm request that its pricing/fees be treated as a trade secret or proprietary information, or otherwise be deemed confidential. If after given a reasonable time, the Offeror refuses to withdraw the aforementioned designation, the proposal will be rejected.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral

presentation/demonstration of their proposal/product to Mason. This will provide an opportunity for the Offeror to clarify or elaborate on their proposal. Performance during oral presentations may affect the final award decision. If required, oral presentations are tentatively scheduled for the week of 8/07/17-8/18/17. Mason will expect that the person or persons who will be working on the project to make the presentation so experience of the contractor’s staff can be evaluated prior to making selection. Oral presentations are an option of Mason and may or may not be conducted; therefore, it is imperative all proposals should be complete

B. SPECIFIC REQUIREMENTS: Proposals should be as thorough and detailed as possible to allow Mason to

properly evaluate the Offeror’s capabilities and approach toward providing the required services. Offerors are required to submit the following items as a complete proposal.

1. Procedural information:

a. Return signed cover page and all addenda, if any, signed and completed as required.

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b. Return Attachment A - Vendor Data Sheet. 2. Qualifications - General firm background and information:

a. Provide a background and a brief history of your firm. b. Describe your firm’s specialty areas, and their size as well as your quality assurance program. c. Describe your firm’s location and organization structure. d. Describe the nature and extent of your expertise with higher education, research-oriented, or similarly-

situated clients, including related information technology environments (including Banner and TouchNet which are used by Mason).

e. Describe the nature and extent of your expertise with providing ticketing systems services to clients similarly-situated to Mason.

f. Describe any impending changes in your organization that could impact delivery of services. g. Provide your organization’s most recent financial statement and or annual report. A Duns & Bradstreet

report is preferred. 3. Technical Proposal – Specific Methodology for Providing Services/Systems:

a. Thoroughly describe your system/services and how they will meet the requirements outlined in Section

X. Statement of needs. b. Listing of proposed software/hardware/other equipment/goods/materials/etc. including operating

parameters required to perform services. c. Provide your implementation strategy and plan. Describe in detail your time table for full

implementation and a complete description of any new technology or procedures that Offeror proposes to implement.

4. Costs/Pricing: Provide proposed pricing to University and customers (Mason’s customers) including one-time and

any re-occuring or on-going costs for the following (and any other costs that may arise during the course of the contract period of performance):

Hardware and software as indicated in Section X. Installation and Data Conversion Ticket stock and ticket envelopes Event set up for all sales methods Service charges to customers Credit card commissions Emergency Maintenance Fees Other costs not listed above Any available discounts for entities of the Commonwealth of Virginia and/or Institution’s of

Higher Education. 5. References:

a. Provide a list of at least three (3) references that demonstrates the Offeror’s qualifications

preferably from other comparable higher education institutions or state entities that your company has provided services/systems to that are similar in size and scope to that which has been described herein. Include a contact name, contact title, phone number, and email address for each reference and the length of service.

b. Provide at least three (3) client testimonials for the same service/system that you are proposing to Mason. These testimonials should be for organizations that are similar in size and scope to Mason.

c. Provide references on no more than three (3) relevant active contracts (minimum contract period: one year) or completed contracts within the last three (3) years. Relevant contracts are defined as contracts for services of the same size and scope contemplated herein. The university will focus on information that demonstrates quality of performance relative to the size and complexity of the contract. For each reference provide a brief description of the scope of the contract and state why

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the contract is relevant. Offerors should identify problems, weaknesses and/or deficiencies in the performance of the contracts given as references and their processes, corrective actions or method of problem solving resolution used to correct the weaknesses or deficiencies. For each reference provide the following information about each contract.

Name and address of contracting activity to which service is/was provided Contract Number Contract Title Contract Type Original contract amount and current (or ending) contract amount.

(explain reasons for any difference) Contracting officials’ names, telephone numbers Contract Level (Prime or Subcontract) Award Date Contract completion/projected completion date

d. Provide a list of any active contract(s) terminated within the past five (5) years for reasons other

than convenience of the owner. If none, state.

6. SWaM Certification: If the offeror is certified as SWaM (Small Woman and Minority) or Micro certified by the Virginia Department of Small Business and Supplier Diversity (SBSD) please provide your SWaM certification number and the date of expiration of this certification. In order to qualify for the SWaM points awarded in this RFP the offeror must be certified as SWaM by SBSD at time of proposal submission (pending application status will not be accepted and expired certifications will not be accepted).

C. IDENTIFICATION OF THE PROPOSAL ENVELOPE: Return envelopes are not being provided. It is the responsibility of the Offeror to clearly mark submission envelopes identifying the contents as a response to this Request For Proposal as follows:

FROM: Name of Offeror __________________Due Date/Time: June 28th, 2017 @2:00PM EST

Street or Box Number ____________________________ RFP Number: GMU-1437-17

City, State, Zip Code __________________RFP Title: Ticketing System for the CFA and HPAC

Name of Contract Officer or Buyer: Katherine Sirotin, Asst. Director, Purchasing

The envelope or package should be addressed to the Issuing Agency as directed on Page 1 of the solicitation. If a proposal is mailed, the Offeror takes the risk that the envelope/package, even if marked as described above, may be inadvertently opened and the information compromised which may cause the proposal to be disqualified. Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other bid/proposal should be placed in the envelope.

XIII. INITIAL EVALUATION CRITERIA AND SUBSEQUENT AWARD:

1. INITIAL EVALUATION CRITERIA: Proposals shall be initially evaluated and ranked using the following criteria:

Description of Criteria Maximum Point Value

1. Qualifications 25 2. Technical Proposal 25

3. References of similar size and scope. 20

4. Proposed Pricing. 25

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5. Vendor is certified as a small, minority, or 5

women-owned business (SWaM) with Virginia SBSD at the proposal due date & time.

__________________ Total Points Available: 100

2. AWARD: Following the initial scoring by the evaluation committee, at least two or more top ranked offerors

may be contacted for oral presentations/demonstrations or advanced directly to the negotiations stage. If oral presentations are conducted Mason will then determine, in its sole discretion, which vendors will advance to the negotiations phase. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, Mason shall select the offeror which, in its sole discretion has made the best proposal, and shall award the contract to that offeror. When the terms and conditions of multiple awards are so provided in the Request for Proposal, awards may be made to more than one offeror. Should Mason determine in writing and in its sole discretion that only one offeror has made the best proposal, a contract may be negotiated and awarded to that offeror. Mason is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Governing Rules §49.D.).

XIV. CONTRACT ADMINISTRATION: Upon award of the contract, Mason shall designate, in writing, the name of the

Contract Administrator who shall work with the contractor in formulating mutually acceptable plans and standards for the operations of this service. The Contract Administrator shall use all powers under the contract to enforce its faithful performance. The Contract Administrator shall determine the amount, quality and acceptability of work and shall decide all other questions in connection with the work. All direction and order from Mason shall be transmitted through the Contract Administrator, or their designee(s) however, the Contract Administrator shall have no authority to approve changes which shall alter the concept or scope of the work or change the basis for compensation to the contractor.

XV. PAYMENT TERMS / METHOD OF PAYMENT:

PLEASE NOTE: THE VENDOR MUST REFERENCE THE PURCHASE ORDER NUMBER ON ALL INVOICES SUBMITTED FOR PAYMENT.

Option #1- Payment to be mailed in 10 days-Mason will make payment to the vendor under 2%10, Net 30 payment terms. Invoices should be submitted via email to the designated Accounts Payable email address which is acctpay@gmu.edu.

The 10 day payment period begins the first business day after receipt of proper invoice or receipt of goods, whichever occurs last. A paper check will be mailed on or before the 10th day.

Option #2- To be paid in 20 days. The vendor may opt to be paid through our ePayables credit card program. The vendor shall submit an invoice and will be paid via credit card on the 20th day from receipt of a valid invoice. The vendor will incur standard credit card interchange fees through their processor. All invoices should be sent to:

George Mason University Accounts Payable Department 4400 University Drive, Mailstop 3C1 Fairfax, Va. 22030 Voice: 703.993.2580 | Fax: 703.993.2589 e-mail: AcctPay@gmu.edu

Option#3- Net 30 Payment Terms. Vendor will enroll in Paymode-X where all payments will be made electronically to the vendor’s bank account. For additional information or to sign up for electronic payments, go to http://www.paymode.com/gmu. There is no charge to the vendor for enrolling in this service.

Please state your payment preference in your proposal response.

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XVI. SOLICITATION TERMS AND CONDITIONS:

A. GENERAL TERMS AND CONDITIONS – GEORGE MASON UNIVERSITY: http://fiscal.gmu.edu/purchasing/do-business-with-mason/view-current-solicitation-opportunities/

B. SPECIAL TERMS AND CONDITIONS – GMU-1437-17. (Also see ATTACHMENT B – SAMPLE

CONTRACT which contains terms and conditions that will govern any resulting award).

1. AWARD: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

2. BEST AND FINAL OFFER (BAFO): At the conclusion of negotiations, the Offeror(s) may be asked to submit in writing, a best and final offer (BAFO). After the BAFO is submitted, no further negotiations shall be conducted with the Offeror(s).

3. CANCELLATION OF CONTRACT: Mason reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial Contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the Contract period upon 60 written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

4. COMPLIANCE WITH LAW: (If Applicable): All goods and services provided to George Mason University shall be done so in accordance with any and all local, state and federal laws, regulations and/or requirements. This includes any applicable provisions of FERPA or the "Government Data Collection and Dissemination Practices Act" of the Commonwealth of Virginia.

5. CONFLICT OF INTEREST: By submitting a proposal the contractor warrants that he/she has fully complied with the Virginia Conflict of Interest Act; furthermore certifying that he/she is not currently an employee of the Commonwealth of Virginia.

6. OBLIGATION OF OFFEROR: It is the responsibility of each Offeror to inquire about and clarify any requirements of this solicitation that is not understood. Mason will not be bound by oral explanations as to the meaning of specifications or language contained in this solicitation. Therefore, all inquiries must be in writing and submitted as instructed on page 1 of this solicitation. By submitting a proposal, the Offeror covenants and agrees that they have satisfied themselves, from their own investigation of the conditions to be to be met, that they fully understand their obligation and that they will not make any claim for, or have right to cancellation or relief from this contact because of any misunderstanding or lack of information.

7. RENEWAL OF CONTRACT: This contract may be renewed by Mason for two (2) successive one (1) year periods under the terms and conditions of the original contract except as stated in 1. and 2. below. Price increases may be negotiated only at the time of renewal. Written notice of the Commonwealth’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

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A. If the Commonwealth elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the “services” category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

B. If during any subsequent renewal periods, the Commonwealth elects to exercise the option

to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the “services” category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

8. RFP DEBRIEFING: In accordance with §49 of the Governing Rules Mason is not required to furnish a

statement of the reasons why a particular proposal was not deemed to be the most advantageous. However upon request we will provide a scoring summary, the award justification memo from the evaluation committee and brief, general comments submitted by evaluation committee members. Formal debriefings are generally not offered.

8. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent

of Mason’s Purchasing office. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish Mason’s Purchasing office the names, qualifications, criminal background checks and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

XVII. RFP SCHEDULE (Subject to Change):

Issue in eVA: 5/1817 Advertise in Washington Post: 5/18/17 Vendors submit questions by: 6/07/17 by 5:00PM EST Post Question Responses: 6/14/17 by 5:00PM EST Proposals Due: 6/28/17 by 2:00PM EST Proposals to Committee: 6/29/17 Review and Score Proposals: 6/29/17 – 7/21/17 Scores to Purchasing: 7/21/17 Oral presentations (if necessary): Week of 8/07/17-8/18/17 Negotiations/BAFO: Week of 8/21/17-8/31/17 Award: By 9/11/17 Contract Start Date: 2/1/18

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ATTACHMENT A VENDOR DATA SHEET

TO BE COMPLETED BY OFFEROR 1. QUALIFICATION OF OFFEROR: The Offeror certifies that they have the capability and capacity in all respects to

fully satisfy all of the contractual requirements. 2. YEARS IN BUSINESS: Indicate the length of time in business providing this type of service: Type of Business: ___________________________________. ______________Years _____________Months 3. BUSINESS STATUS:

A. Type of organization (circle one): Individual Partnership Corporation Sole Proprietor Government Other (explain)

B. Category (circle one): Manufacturer/Producer Mfg.’s Agent Retailer Service Establishment Distributor Wholesaler Other (explain)

C. Status: (Please check all applicable classifications) If your classification is certified by the Virginia Department of Small Business and Supplier Diversity (SBSD), provide your certification number ________________. For certification assistance, please visit http://www.sbsd.virginia.gov/. You must be certified with VIRGINIA SBSD to qualify.

_____ (MB) MINORITY OWNED: "Minority-owned business" means a business that is at least 51% owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority individuals.

_____ (WB) WOMAN OWNED: "Women-owned business" means a business that is at least 51% owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the United States or legal resident aliens, and both the management and daily business operations are controlled by one or more women.

_____ (SB) SMALL BUSINESS: Small business" means a business that is at least 51% independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years. One or more of these individual owners shall control both the management and daily business operations of the small business.

_____ LARGE BUSINESS

I certify the accuracy of this information: Signed: __________________________________ Title: ____________________________ Printed Name: ____________________________ Date: ____________________________

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ATTACHMENT B – SAMPLE CONTRACT

SAMPLE ONLY * SAMPLE ONLY * SAMPLE ONLY Note: Other documents may be incorporated into this document, either by way of attachment or by reference, but in all cases this contract document shall take precedence over all other documents and will govern the terms and conditions of the contract. This Contract entered on this ____ day of ___________ by ________________ hereinafter called “Contractor” (located at ____________) and Commonwealth of Virginia, George Mason University hereinafter called “Mason”. I. WITNESSETH that the Contractor and Mason, in consideration of the mutual covenants, promises and agreement

herein contained, agree as follows: II. SCOPE OF CONTRACT: The Contractor shall provide _________________________ for the _________________

as set forth in the Contract Documents. III. PERIOD OF CONTRACT: As negotiated IV. PRICE SCHEDULE: As negotiated

V. CONTRACT ADMINISTRATION: ___________ shall serve as Contract Administrator for this Contract and shall use all powers under the Contract to enforce its faithful performance. The Contract Administrators shall determine the amount, quality and acceptability of work and shall decide all other questions in connection with the work. All direction and order from Mason shall be transmitted through the Contract Administrator, however, the Contract Administrator shall have no authority to approve changes which shall alter the concept or scope or change the basis for compensation.

VI. METHOD OF PAYMENT: As negotiated VII. GOVERNING RULES: This Contract is governed by the provisions of the Restructured Higher Education Financial

and Administrative Operations Act, Chapter 4.10 (§ 23-38.88 et seq.) of Title 23 of the Code of Virginia, and in particular § 23-38.90 of the Restructuring Act, referred to as the “Governing Rules” and the Purchasing Manual for Institutions of Higher Education and their Vendors. Documents may be viewed at: https://vascupp.org

VIII. CONTRACT PARTICIPATION: TBD. IX. STANDARD TERMS AND CONDITIONS:

A. APPLICABLE LAW AND CHOICE OF FORUM: This Contract shall be construed, governed, and interpreted pursuant to the laws of the Commonwealth of Virginia. All disputes arising under this Contract shall be brought before an appropriate court in the Commonwealth of Virginia.

B. ANTI-DISCRIMINATION: By entering into this contract contractor certifies to the Commonwealth that they

will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and §§ 9&10 of the Governing Rules. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a

Purchasing Department 4400 University Drive, Mailstop 3C5 Fairfax, VA 22030 Voice: 703.993.2580 | Fax: 703.993.2589 http://fiscal.gmu.edu/purchasing/

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religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Governing Rules, § 36).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of

the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor. C. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

D. ASSIGNMENT: Neither party will assign or otherwise transfer its rights or obligations under this Contract

without both parties’ prior written consent. Any attempted assignment, transfer, or delegation without such consent is void.

E. AUDIT: The Contractor shall retain all books, records, and other documents relative to this Contract for five

(5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

F. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be

bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

G. AUTHORIZED SIGNATURES: The signatory for each Party certifies that he or she is an authorized agent to

sign on behalf such Party.

H. CANCELLATION OF CONTRACT: Mason reserves the right to cancel and terminate this Contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial Contract period is for more than 12 months, the resulting Contract may be terminated by either party, without penalty, after the initial 12 months of the Contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

I. CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60

days after final payment. However, written notice of the contractor's intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall

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preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.

1. The firm must submit written claim to: CPO of Purchasing and Accounts Payable George Mason University 4400 University Drive, MSN 3C5 Fairfax, VA 22030

2. The firm must submit any unresolved claim in writing no later than 60 days after final payment to the Chief Procurement Officer of Purchasing and Accounts Payable.

3. Upon receiving the written claim, the Chief Procurement Officer of Purchasing and Accounts Payable will review the written materials relating to the claim and will mail his or her decision to the firm within 60 days after receipt of the claim.

4. The firm may appeal the Chief Procurement Officer of Purchasing and Accounts Payable’s decision in accordance with § 55 of the Governing Rules.

J. COLLECTION AND ATTORNEY’S FEES: The Contractor shall pay to Mason any reasonable attorney’s

fees or collection fees, at the maximum allowable rate permitted under Virginia law, incurred in enforcing this Contract or pursuing and collecting past-due amounts under this Contract.

K. COMPLIANCE WITH LAW: All goods and services provided to Mason shall be done so in accordance with

any and all local, state and federal laws, regulations and/or requirements. This includes any applicable provisions of FERPA or the “Government Data Collection and Dissemination Practices Act” of the Commonwealth of Virginia.

L. CONFIDENTIALITY OF PERSONAL IDENTIFIABLE INFORMATION: The Contractor shall assure that

information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this contract, and will not be divulged without the individual’s and Mason’s written consent and only in accordance with federal law or the Code of Virginia. The Contractor shall utilize, access, or store personal identifiable information as part of the performance of this contract in a secure environment and immediately notify Mason of any breach or suspected breach in the security of such information. Contractor shall allow Mason to both participate in the investigation of incidents and exercise control over decisions regarding external reporting.

M. CONFLICT OF INTEREST: Contractor represents to Mason that its entering into this Contract with Mason

and its performance through its agents, officers and employees does not and will not involve, contribute to nor create a conflict of interest prohibited by Virginia State and Local Government Conflict of Interests Act (Va. Code 2.2-3100 et seq), the Virginia Ethics in Public Contracting Act (§57 of the Governing Rules), the Virginia Governmental Frauds Act (Va. Code 18.2 – 498.1 et seq) or any other applicable law or regulation.

N. DEBARMENT STATUS: As of the effective date, the Contractor certifies that it is not currently debarred by

the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of services covered by this Contract, nor is the Contractor an agent of any person or entity that is currently so debarred.

O. ENTIRE CONTRACT: This Contract constitutes the entire understanding of the Parties with respect to the

subject matter herein and supersedes all prior oral or written contracts with respect to the subject matter herein. This Contract can be modified or amended only by a writing signed by all of the Parties.

P. EXPORT CONTROL:

1. Munitions Items: If the Contractor is providing any items, data or services under this order that are

controlled by the Department of State, Directorate of Defense Trade Controls, International Traffic in Arms Regulations (“ITAR”), or any items, technology or software controlled under the “600 series”

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classifications of the Bureau of Industry and Security’s Commerce Control List (“CCL”) (collectively, “Munitions Items”), prior to delivery, contractor must:

(i) notify Mason (by sending an email to export@gmu.edu), and (ii) receive written authorization for shipment from Mason’s Director of Export Controls. The notification provided by the contractor must include the name of the Mason point of contact, identify and describe each ITAR or CCL-controlled commodity, provide the associated U.S. Munitions List (USML) category number(s) or Export Control Classification Number, and indicate whether or not the determination was reached as a result of a commodity jurisdiction determination, or self-classification process. The contractor promises that if it fails to obtain the required written pre-authorization approval for shipment to Mason of any Munitions Item, it will reimburse Mason for any fines, legal costs and other fees imposed for any violation of export controls regarding the Munition Item that are reasonably related to the contractor’s failure to provide notice or obtain Mason’s written pre-authorization.

2. Dual-Use Items: If the Contractor is providing any dual-use items, technology or software under this order that are listed on the CCL in a series other than a “600 series”, contractor must (i) include the Export Control Classification Number (ECCN) on the packing or other transmittal documentation traveling with the item(s) and, (ii) send a description of the item, its ECCN, and the name of the Mason point of contact to: export@gmu.edu.

Q. FORCE MAJEURE: Mason will not be responsible for any losses resulting from delay or failure in

performance resulting from any cause beyond Mason’s control, including without limitation: war, strikes or labor disputes, civil disturbances, fires, natural disasters, and acts of God.

R. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into this contract Contractor

certifies that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

S. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless George Mason University

the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

T. INDEPENDENT CONTRACTOR: The Contractor is not an employee of Mason, but is engaged as an

independent contractor. The Contractor shall indemnify and hold harmless the Commonwealth of Virginia, Mason, and its employees and agents, with respect to all withholding, Social Security, unemployment compensation and all other taxes or amounts of any kind relating to the Contractor’s performance of this contract. Nothing in this contract shall be construed as authority for the Contractor to make commitments which will bind Mason or to otherwise act on behalf of Mason, except as Mason may expressly authorize in writing.

U. INFORMATION TECHNOLOGY ACCESS ACT: Computer and network security is of paramount concern at George Mason University. The University wants to ensure that computer/network hardware and software does not compromise the security of IT environment. You agree to use commercially reasonable measures in connection with any offering your company makes to avoid any known threat to the security of the IT environment at George Mason University.

All e-learning and information technology developed, purchased, upgraded or renewed by or for the use of

George Mason University shall comply with all applicable University policies, Federal and State laws and regulations including but not limited to Section 508 of the Rehabilitation Act (29 U.S.C. 794d), the Information Technology Access Act, §§2.2-3500 through 2.2-3504 of the Code of Virginia, as amended, and all other regulations promulgated under Title II of The Americans with Disabilities Act which are applicable to all

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benefits, services, programs, and activities provided by or on behalf of the University. The Contractor shall also comply with the Web Content Accessibility Guidelines (WCAG) 2.0. For more information please visit http://ati.gmu.edu, under Policies and Procedures.

V. INSURANCE: The Contractor shall maintain all insurance necessary with respect to the services provided to

Mason. The Contractor further certifies that they will maintain the insurance coverage during the entire term of the Contract and that all insurance is to be placed with insurers with a current reasonable A.M. Best’s rating authorized to sell insurance in the Commonwealth of Virginia by the Virginia State Corporation Commission. The Commonwealth of Virginia and Mason shall be named as an additional insured.

1. Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence for

bodily injury or property damage, personal injury and advertising injury, products and completed operations coverage;

2. Workers Compensation Insurance in an amount not less than that prescribed by statutory limits; and,

as applicable;

3. Commercial Automobile Liability Insurance applicable to bodily injury and property damage, covering owned, non-owned, leased, and hired vehicles in an amount not less than $1,000,000 per occurrence; and

4. An umbrella/excess policy in an amount not less than five million dollars ($5,000,000) to apply over

and above Commercial General Liability, Employer’s Liability, Workers’ Compensation, and Commercial Automobile Liability Insurance.

W. INTELLECTUAL PROPERTY: Contractor warrants and represents that it will not violate or infringe any

intellectual property right or any other personal or proprietary right and shall indemnify and hold harmless Mason against any claim of infringement of intellectual property rights which may arise under this contract.

X. NON-DISCRIMINATION: All parties to this Contract agree to not discriminate on the basis of race, color,

religion, national origin, sex, pregnancy, childbirth or related medical conditions, age (except where sex or age is a bona fide occupational qualification, marital status or disability.

Y. PUBLICITY: The Contractor shall not use, in its external advertising, marketing programs or promotional

efforts, any data, pictures, trademarks or other representation of Mason except on the specific written authorization in advance by Mason’s designated representative.

Z. REMEDIES: If the Contractor breaches this Contract, in addition to any other rights or remedies, Mason may

terminate this Contract without prior notice.

AA. RENEWAL OF CONTRACT: This contract may be renewed by the University as negotiated under the terms and conditions of the original contract except as stated in 1. and 2. below. Price increases may be negotiated only at the time of renewal. Written notice of the University’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

1. If the University elects to exercise the option to renew the contract for an additional one-year period,

the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the “other goods and services” category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

2. If during any subsequent renewal periods, the University elects to exercise the option to renew the

contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the “other goods and services” category of the CPI-U section of the Consumer Price Index of the United States bureau of Labor Statistics for the latest twelve months for which statistics are available.

BB. REPORTING OF CRIMES, ACCIDENTS, FIRES AND OTHER EMERGENCIES: Any Mason Employee,

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including contracted service providers, who is not a staff member in Counseling and Psychological Services (CAPS) or a pastoral counselor, functioning within the scope of that recognition, is considered a “Campus Security Authority (CSA).” CSAs must promptly report all crimes and other emergencies occurring on or near property owned or controlled by Mason to the Department of Police & Public Safety or local police and fire authorities by dialing 9-1-1. At the request of a victim or survivor, identifying information may be excluded from a report (e.g., names, initials, contact information, etc.). Please visit the following website for more information and training: http://police.gmu.edu/clery-act-reporting/campus-security-authority-csa/.”

CC. SEVERABILITY: Should any portion of this Contract be declared invalid or unenforceable for any reason,

such portion is deemed severable from the Contract and the remainder of this Contract shall remain fully valid and enforceable.

DD. SOVEREIGN IMMUNITY: Northing in this Contract shall be deemed a waiver of the sovereign immunity of

the Commonwealth of Virginia and of Mason.

EE. UNIVERSITY REVIEW/APPROVAL: All goods, services, products, design, etc. produced by the Contractor for or on behalf of Mason are subject to Mason’s review and approval.

FF. WAIVER: The failure of a party to enforce any provision in this Contract shall not be deemed to be a waiver

of such right.

Contractor Name Here By:

_____________________________________________________ __________________________________ Signature Date

Name: _______________________________________________

Title_________________________________________________

George Mason University By:

_____________________________________________________ ____________________________________ Signature Date

Name: _______________________________________________

Tile: _________________________________________________

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    Appendix A: Subscription Requirements

Center for the Arts (CFA) has several fixed (same seats for each performance) series and a very flexible Choose-Your-Own (CYO) series that fall under the Great Performances at Mason season.

All Music, All Dance, Magnificent Music, Dynamic Dance, American Echoes, Global View, VA Opera Evening, VA Opera Matinee, Enthralling Theater, Keyboard Conversations are the fixed series. Discounts range from 10%-25%, depending on the size of the series.

All Music and All Dance are considered “master” series. Magnificent Music and American Echoes are “sub-master” series under All Music. Dynamic Dance and Global View are “sub-master” under All Dance. The other series are stand alone.

Keyboard Conversations and Enthralling Theater have differently scaled seating charts from the rest of the series. They both start off as Orchestra level only, unless there is a demand to open the Grand Tier (balcony).

There are usually three price levels for each event; the house is scaled into 6 sections, so that each of the prices are represented in the Orchestra and Grand Tier.

CYO Series must have at least three performances, but subscribers may have any number of tickets to each of their chosen performances and in any price level, and span different price scale configurations. Subscribers are not guaranteed the same seats for each of their performances, even if they select the same price level and number of seats for each performance.

The level of discount depends on how many performances are in a package: 3 performances = 5% off, 4-5 performances= 10% off, 6-9 performances = 15% off, 10-14 performances = 20% off, 15+ performances = 25% off.

Faculty/staff receive a 50% discount regardless of the number of performances (min. 3) in their package. They are also eligible for this discount for the fixed series.

Youth (grades K-12) also receive a 50% discount, but must be accompanied by an adult for subscription packages (fixed or CYO).

CFA also builds subscription packages for the Fairfax Symphony Orchestra (FSO), which is a long-term, special rental. FSO has a fixed series, 2 CYO series, and a flex series.

Hylton Performing Arts Center (HPAC) has one fixed series (25% off) and a very flexible Choose-Your-Own (CYO) series that fall under Hylton Presents.

HPAC also has a Family Series (20% off) and another series called Matinee Idylls (10% off), but none of the events are available in the Hylton Presents series or can be part of the HPAC’s CYO series. However, Hylton Presents subscribers may add individual performances from the Family Series and Matinee Idylls to their subscription at 10% off the regular price.

HPAC also is home to several Resident Arts Partners (RAPs), some of whom have subscriptions as well.

There are usually three price levels for each event; the house is scaled into 6 sections, to differentiate between Center Orchestra, Side Orchestra, Orchestra Pit, Parterre, First Balcony, and Second Balcony.

Discounts for HPAC’s CYO series are the same as CFA. Faculty/staff and Youth discounts are also the same with the exception of the Family Series.

Subscriptions are available through internet, phone, box office, mail, and fax. Subscribers may also renew their Friends’ membership, purchase parking vouchers, purchase “Arts, by George!” gala tickets, or add selected student performances at a 10% discount.

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Subscribers are currently able to purchase both the fixed series and CYO series online with the ability to select their own seats. The system can operate presales and allow access to subscriber ticket inventory at specified dates.

Payment methods include, cash, check, Visa, MasterCard, American Express, and payment plans (credit card only).